Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Notes will upon issue be newly issued (and not treasury shares) and be duly authorized, validly issued, fully paid and nonassessable and, except as provided in Section 11.11, the Company will pay all taxes, liens and charges with respect to the issue thereof.
Appears in 3 contracts
Samples: Prime Succession Holdings Inc, Prime Succession Holdings Inc, Prime Succession Holdings Inc
Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Notes Securities will upon issue be newly issued (and not treasury shares) and be duly authorized, validly issued, fully paid and nonassessable and, except as provided in Section 11.111308, the Company will pay all taxes, liens and charges with respect to the issue thereof.
Appears in 2 contracts
Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of 1997A Notes in accordance herewith will upon issue be newly issued (and not treasury shares) and be duly authorized, validly issued, fully paid and nonassessable and, except as provided in Section 11.116.8, the Company will pay all taxes, liens and charges with respect to the issue thereof.
Appears in 2 contracts
Samples: Supplemental Indenture (Diamond Offshore Drilling Inc), Supplemental Indenture (Diamond Offshore Drilling Inc)
Covenant as to Common Stock. The Company covenants that all shares of Common Stock which that may be issued upon conversion of Notes will Securities shall upon issue be newly issued (and not treasury shares) and shall be duly authorized, validly issued, fully paid and nonassessable and, except as provided in Section 11.1112.08, the Company will shall pay all taxes, liens and charges with ----- respect to the issue thereof.
Appears in 1 contract
Samples: Transwitch Corp /De
Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Series 8-3/4% Notes will shall upon issue be newly issued (and not treasury shares) and be duly authorized, validly issued, fully paid and nonassessable and, except as provided in Section 11.114.08, the Company will shall pay all taxes, liens and charges with respect to the issue thereof.
Appears in 1 contract
Samples: Cd Radio Inc
Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Notes Securities will upon issue be newly issued (and not treasury shares) and be duly authorized, validly issued, fully paid and nonassessable and, except as provided in Section 11.1113.8, the Company will pay all taxes, liens and charges with respect to the issue thereof.
Appears in 1 contract
Samples: Activision Inc /Ny
Covenant as to Common Stock. The Company covenants that all shares of Common Stock which that may be issued upon conversion of Notes will Securities shall upon issue be newly issued (and not treasury shares) and be duly authorized, validly issued, fully paid and nonassessable and, except as provided in Section 11.1112.08, the Company will shall pay all taxes, liens and charges with respect to the issue thereof.
Appears in 1 contract
Samples: Earthweb Inc
Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Series 6-1/2% Notes will shall upon issue be newly issued (and not treasury shares) and be duly authorized, validly issued, fully paid and nonassessable and, except as provided in Section 11.114.08, the Company will shall pay all taxes, liens and charges with respect to the issue thereof.
Appears in 1 contract
Samples: Checkfree Holdings Corp \Ga\